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NEW FEDERAL LAW AFFECTING DISTRESSED PROPERTIES

By
Real Estate Agent with Remax Estates Properties DRE #0892215

 

New law the Helping Families Save Their Homes Act of 2009 to help homeowners and lenders avoid foreclosure, as per a article I recieved from the California Association of Realtors the New Laws were not really helping since only one family qualifed for this program.

Now with an inducement to the short pay lender to share a portion of the equity,the government thinks this may work...All so the Government is offering monetary incducement to participating servicers of the existing loans and originators of the FHA refinance.

New Law also allows with a 90day notice the month to month has to vacate in 90 days but if a lease holder has a 90 day extension they can stay until the end of their lease term.

There is also $500 million to be granted to federal agencies to chase down the fraud perpetrators, which will provide more goverment jobs potentially.

With all this money being thrown into the package, let's see how this will help California Distressed Homeowners..

Here is the article I received from Calif. Association of Realtors:

The Helping Families Save Their Homes Act of 2009 contains various new laws to address the national foreclosure crisis.  Major provisions that may affect California REALTORS® and your clients include the following:

  • HOPE FOR HOMEOWNERS (H4H) REVAMPED: The new law loosens the H4H program requirements to help homeowners refinance out of their troubled mortgages and into more affordable, fixed-rate FHA-insured loans.  Originally launched in October 2008, the H4H program intended to help 400,000 distressed homeowners, but in the program's first seven months, it only helped one family stay in its home.  The maximum loan-to-value ratio for an FHA refinance is 96.5% of the appraised value.  If refinance proceeds are insufficient to pay off existing liens, the existing lienholders must voluntarily agree to a short payoff, but a new inducement is an opportunity for them to share in the homeowner's equity.  Other changes to the H4H program include monetary incentives for both the participating servicers of the existing loans and originators of the FHA refinance.  Millionaire borrowers (with net worth over $1 million) are now excluded from the program.  HUD will establish the requirements and standards to implement the H4H program as revised.

  • LONGER STAY FOR TENANTS OF FORECLOSED HOMES: Effective immediately, an REO lender or buyer who acquires title through a foreclosure sale must give at least a 90-day notice to terminate a bona fide tenant as defined.  A 90-day notice to terminate is sufficient for a month-to-month tenant or if a new owner will occupy the property as a primary residence at the end of the 90 days.  Otherwise, a tenant with a one year or other fixed-term lease with a remaining lease term exceeding 90 days can stay in the premises until the remaining lease term ends.  This new 90-day notice requirement applies to foreclosures of a federally-related mortgage loan or residential real property, except for properties under rent control, rent-subsidized programs (such as Section 8), or other state laws that provide additional protections for tenants.  This law expires on December 31, 2012.

  • NOTIFICATION OF TRANSFER OF MORTGAGE LOANS: The Truth in Lending Act now requires a lender to whom a mortgage loan is sold or otherwise transferred to notify the borrower in writing of such transfer within 30 days.  The notice must include the new lender's identity, address, telephone number, authorized representative's contact information, and other relevant information.  This measure should help alleviate the problem borrowers often face in determining who owns their mortgage loans.

Other provisions of the Helping Families Save Their Homes Act include a 4-year extension of the $250,000 FDIC deposit insurance to December 31, 2013, protection for loan servicers who establish qualified loss mitigation plans from liability for an alleged breach of duty to maximize mortgage values for their investors, $130 million for foreclosure prevention counseling and education, and $2.2 billion to strengthen homeless programs.

President Obama has also signed into law the Fraud Enforcement and Recovery Act (FERA) which authorizes the Department of Justice to prosecute mortgage fraud crimes against private mortgage brokers and companies that previously were not regulated by the federal government.  FERA also earmarks almost $500 million for federal enforcement agencies to investigate and prosecute mortgage fraud and other fraud crimes

Do you think this will work?

What is your opinion?                 foreclosure?

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Ocean

 *All views used in these pictures have been sold by Mary C. Thomas

                                                                 

                                        Mary C. Thomas Realtor- 310-946-2205

This blog is property of Mary C. Thomas copyright 2008

 

 

Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Only time will tell if it works.  The extensions are really or pledged tax dollar.  I would not want to be the holder of the mortgage or note, and cannot exercise my rights as spelled out in a legal document when there is a default.  Why would I want to lend money in the future knowing this?

May 22, 2009 09:58 AM
Lisa Wetzel
RE/MAX Realty Affiliates - Carson City, NV
CDPE, SFR carsonvalleyland.com

Mary - I see nothing but trouble coming from this.  Its what happens when government modifies the terms of contracts people sign.  I agree with Jim - who would want to loan any money under such conditions?  Rates will have to go up.

May 22, 2009 11:51 AM
Mary Thomas BH,MB,HB, PV, Estates LA+
Remax Estates Properties - Los Angeles, CA
Mary C. Thomas Your Agent around the Globe

Jim and Lisa, It does not look good to me either but at first I thought it was finally some good news.

I am sick of being the bearer of bad news in 2009...still waiting for a positive! All it looks like is a desperate attempt at lining the banks pockets with our tax dollars to motivate them and to get them to do something.

I think at this point let them all fail and we can take care of our own until we get a real government that will give us back free enterprise.   Greed got us here and greed will continue unless everyone is bankrupt..

Check out the  30th states that are going for the 10th amendment.

Everyone is fed up with the feds.. I should coin that one! Have a great weekend!

May 22, 2009 01:36 PM